Senate Bill 1782

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    Florida Senate - 1999                                  SB 1782

    By Senators Latvala and Dyer





    19-900C-99

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.071, F.S.; deleting procedures for mailing

  4         voter registration identification cards;

  5         amending s. 99.092, F.S.; requiring that filing

  6         fees paid by certain candidates be deposited in

  7         the Elections Commission Trust Fund; amending

  8         s. 101.64, F.S.; modifying absentee ballot

  9         certificates; amending s. 101.65, F.S.;

10         modifying instructions to absent electors;

11         amending s. 101.68, F.S.; modifying information

12         that must be included on an absentee ballot;

13         amending s. 101.647, F.S.; prescribing

14         information that an absent elector's designee

15         must include with an absentee ballot; amending

16         s. 103.101, F.S.; moving the date for the

17         presidential preference primary to the first

18         Tuesday in March in each presidential election

19         year; amending s. 104.047, F.S.; prohibiting

20         the receipt of a fee or benefit for witnessing

21         an absentee ballot; providing a criminal

22         penalty; amending s. 105.031, F.S.; providing

23         that filing fees paid by judicial candidates

24         shall be deposited in the Elections Commission

25         Trust Fund; providing that filing fees paid by

26         school board candidates be deposited in the

27         Elections Commission Trust Fund; amending s.

28         106.011, F.S.; redefining the term

29         "contribution"; amending s. 106.071, F.S.;

30         reducing the amount of allowable contribution

31         for an independent expenditure; amending s.

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  1         106.15, F.S.; prohibiting candidates from using

  2         county, municipality, or special district

  3         employees in their campaigns during working

  4         hours; providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 97.071, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         97.071  Registration identification card.--

11         (1)  A registration identification card must be

12  furnished to all voters registering under the permanent single

13  registration system and must contain:

14         (a)  Voter's registration number.

15         (b)  Date of registration.

16         (c)  Full name.

17         (d)  Party affiliation.

18         (e)  Date of birth.

19         (f)  Race or ethnicity, if provided by the applicant.

20         (g)  Sex, if provided by the applicant.

21         (h)  Address of legal residence.

22         (i)  Precinct number.

23         (j)  Signature of supervisor.

24         (k)  Place for voter's signature.

25         (l)  Other information deemed necessary by the

26  department.

27         (2)(a)  Except as provided in paragraph (b), the

28  supervisor of elections shall mail a registration

29  identification card to the voter at the address listed as the

30  legal residence on the voter's registration application. The

31  card must be sent by nonforwardable, return-if-undeliverable

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  1  mail.  If the identification card is returned as undeliverable

  2  and the voter has indicated a different mailing address on the

  3  registration application, the supervisor must mail a notice to

  4  the mailing address, notifying the voter that his or her

  5  registration identification card was returned and that the

  6  voter may appear in person at the supervisor's office to pick

  7  up the identification card.  The supervisor must surrender the

  8  identification card to the elector upon presentation of a

  9  Florida driver's license, a Florida identification card issued

10  under s. 322.051, or another form of picture identification

11  approved by the Department of State.  If the elector fails to

12  furnish the required identification, or if the supervisor has

13  doubts as to the identity of the elector, the supervisor must

14  require the elector to swear an oath substantially similar to

15  the one prescribed in s. 101.49 prior to surrendering the

16  identification card.  The supervisor must keep the

17  identification card on file for 45 days following return of

18  the card as undeliverable.

19         (b)  The supervisor shall mail the voter identification

20  card by forwardable mail to voters who are covered by the

21  Uniformed and Overseas Citizens Absentee Voting Act.

22         (2)(3)  A voter may receive a replacement of a

23  registration identification card by providing a signed,

24  written request for a replacement card to the supervisor. Upon

25  verification of registration, the supervisor shall issue the

26  voter a duplicate card without charge.

27         (3)(4)  In the case of a change of name, address, or

28  party affiliation, the supervisor must issue the voter a new

29  registration identification card. However, a registration

30  identification card indicating a party affiliation change made

31  between the book-closing date for the first primary election

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  1  and the date of the second primary election may not be issued

  2  until after the second primary election.

  3         Section 2.  Subsection (1) of section 99.092, Florida

  4  Statutes, is amended to read:

  5         99.092  Qualifying fee of candidate; notification of

  6  Department of State.--

  7         (1)  Each person seeking to qualify for nomination or

  8  election to any office, except a person seeking to qualify

  9  pursuant to s. 99.095 and except a person seeking to qualify

10  as a write-in candidate, shall pay a qualifying fee, which

11  shall consist of a filing fee and election assessment, to the

12  officer with whom the person qualifies, and any party

13  assessment levied, and shall attach the original or signed

14  duplicate of the receipt for his or her party assessment or

15  pay the same, in accordance with the provisions of s. 103.121,

16  at the time of filing his or her other qualifying papers.  The

17  amount of the filing fee is 3 percent of the annual salary of

18  the office.  The amount of the election assessment is 1

19  percent of the annual salary of the office sought.  The

20  election assessment, and filing fees paid by minor party

21  candidates and candidates with no party affiliation, shall be

22  deposited into the Elections Commission Trust Fund.  The

23  amount of the party assessment is 2 percent of the annual

24  salary.  The annual salary of the office for purposes of

25  computing the filing fee, election assessment, and party

26  assessment shall be computed by multiplying 12 times the

27  monthly salary, excluding any special qualification pay,

28  authorized for such office as of July 1 immediately preceding

29  the first day of qualifying.  No qualifying fee shall be

30  returned to the candidate unless the candidate withdraws his

31  or her candidacy before the last date to qualify.  If a

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  1  candidate dies prior to an election and has not withdrawn his

  2  or her candidacy before the last date to qualify, the

  3  candidate's qualifying fee shall be returned to his or her

  4  designated beneficiary, and, if the filing fee or any portion

  5  thereof has been transferred to the political party of the

  6  candidate, the Secretary of State shall direct the party to

  7  return that portion to the designated beneficiary of the

  8  candidate.

  9         Section 3.  Section 101.64, Florida Statutes, 1998

10  Supplement, is amended to read:

11         101.64  Delivery of absentee ballots; envelopes;

12  form.--

13         (1)  The supervisor shall enclose with each absentee

14  ballot two envelopes:  a secrecy envelope, into which the

15  absent elector shall enclose his or her marked ballot; and a

16  mailing envelope, into which the absent elector shall then

17  place the secrecy envelope, which shall be addressed to the

18  supervisor and also bear on the back side a certificate in

19  substantially the following form:

20

21         Note:  Please Read Instructions Carefully Before

22        Marking Ballot and Completing Voter's Certificate.

23                       VOTER'S CERTIFICATE

24         I, ...., do solemnly swear or affirm that I am a

25  qualified and registered voter of .... County, Florida. I

26  understand that if I commit or attempt to commit any fraud in

27  connection with voting, vote a fraudulent ballot, or vote more

28  than once in an election, I can be convicted of a felony of

29  the third degree and fined up to $5,000 and/or imprisoned for

30  up to 5 years.  I also understand that failure to sign this

31  certificate and have my signature witnessed will invalidate my

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  1  ballot. I am entitled to vote an absentee ballot for one of

  2  the following reasons:

  3

  4         1.  I am unable without another's assistance to attend

  5  the polls.

  6         2.  I may not be in the precinct of my residence during

  7  the hours the polls are open for voting on election day.

  8         3.  I am an inspector, a poll worker, a deputy voting

  9  machine custodian, a deputy sheriff, a supervisor of

10  elections, or a deputy supervisor who is assigned to a

11  different precinct than that in which I am registered.

12         4.  On account of the tenets of my religion, I cannot

13  attend the polls on the day of the general, special, or

14  primary election.

15         5.  I have changed my permanent residency to another

16  county in Florida within the time period during which the

17  registration books are closed for the election.  I understand

18  that I am allowed to vote only for national and statewide

19  offices and on statewide issues.

20         6.  I have changed my permanent residency to another

21  state and am unable under the laws of such state to vote in

22  the general election.  I understand that I am allowed to vote

23  only for President and Vice President.

24         7.  I am unable to attend the polls on election day and

25  am voting this ballot in person at the office of, and under

26  the supervision of, the county supervisor of elections.

27

28                                       ...(Voter's Signature)...

29                                 ....(Printed Name of Voter)....

30

31  ...(Last four digits of voter's social security number)...

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  1  Note: Your Signature Must Be Witnessed By One Witness 18 Years

  2  of Age or Older as provided in Item 7. of the Instruction

  3  Sheet. Either:

  4         a.  A Notary or Officer Defined in Item 6.b. of the

  5  Instruction Sheet.

  6

  7         Sworn to (or affirmed) and subscribed before me this

  8  .... day of ........, ...(year)..., by ...(name of person

  9  making statement).... My commission expires this .... day of

10  ........, ...(year)....

11                                   ...(Signature of Official)...

12                              ...(Print, Type, or Stamp Name)...

13                          ...(State or Country of Commission)...

14         Personally Known ........ OR Produced Identification

15  ........

16         Type of Identification Produced........................

17

18                                OR

19

20         b.  One Witness, who is a registered voter in the

21  State.

22

23  I swear or affirm that the voter signed this Voter's

24  Certificate in my presence and that, unless I am an officer

25  entitled to administer oaths or unless I have been certified

26  as an absentee ballot coordinator, I have not witnessed more

27  than 5 ballots for this election.

28

29  WITNESS:

30

31  ...(Signature of Witness)...

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  1                                 ...(Printed Name of Witness)...

  2

  3          ...(Voter I.D. Number of Witness and County of

  4                         Registration)...

  5

  6  ...(Address)...

  7                                      ...(City/State/Country)...

  8

  9         (2)  The certificate shall be arranged on the back of

10  the mailing envelope so that the lines for the signatures of

11  the absent elector and the attesting witness are across the

12  seal of the envelope; however, no statement shall appear on

13  the envelope which indicates that a signature of the voter or

14  witness must cross the seal of the envelope.  The absent

15  elector and the attesting witness shall execute the

16  certificate on the envelope.

17         Section 4.  Section 101.65, Florida Statutes, 1998

18  Supplement, is amended to read:

19         101.65  Instructions to absent electors.--The

20  supervisor shall enclose with each absentee ballot separate

21  printed instructions in substantially the following form:

22

23  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

24         1.  VERY IMPORTANT.  In order to ensure that your

25  absentee ballot will be counted, it should be completed and

26  returned as soon as possible so that it can reach the

27  supervisor of elections of the county in which your precinct

28  is located no later than 7 p.m. on the day of the election.

29         2.  Mark your ballot in secret as instructed on the

30  ballot. You must mark your own ballot unless you are unable to

31

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  1  do so because of blindness, disability, or inability to read

  2  or write.

  3         3.  Place your marked ballot in the enclosed secrecy

  4  envelope.

  5         4.  Insert the secrecy envelope into the enclosed

  6  mailing envelope which is addressed to the supervisor.

  7         5.  Seal the mailing envelope and completely fill out

  8  the Voter's Certificate on the back of the mailing envelope.

  9         6.  VERY IMPORTANT.  In order for your absentee ballot

10  to be counted, you must sign your name on the line above

11  (Voter's Signature) and print your name legibly on the line

12  above....(Printed Name of Voter)....., place the last four

13  digits of your Social Security number in the space provided,

14  and your ballot must be witnessed in either of the following

15  manners:

16         a.  One witness, who is a registered voter in the

17  state, must affix his or her signature, printed name, address,

18  voter identification number, and county of registration on the

19  voter's certificate. Each witness is limited to witnessing

20  five ballots per election unless certified as an absentee

21  ballot coordinator. A candidate may not serve as an attesting

22  witness.

23         b.  Any notary or other officer entitled to administer

24  oaths or any Florida supervisor of elections or deputy

25  supervisor of elections, other than a candidate, may serve as

26  an attesting witness.

27         7.  VERY IMPORTANT. In order for your absentee ballot

28  to be counted, it must include the signature, legibly printed

29  name, and address of a witness 18 years of age or older

30  affixed to the voter's certificate. Each witness is limited to

31  witnessing 5 ballots per election unless certified as an

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  1  absentee ballot coordinator or unless the witness is an

  2  officer entitled to administer oaths. A candidate may not

  3  serve as an attesting witness.

  4         8.7.  Mail, deliver, or have delivered the completed

  5  mailing envelope. Be sure there is sufficient postage if

  6  mailed.

  7         9.8.  FELONY NOTICE. It is a felony under Florida law

  8  to accept any gift, payment, or gratuity in exchange for your

  9  vote for a candidate. It is also a felony under Florida law to

10  vote in an election using a false identity or false address,

11  or under any other circumstances making your ballot false or

12  fraudulent.

13         Section 5.  Paragraph (c) of subsection (2) of section

14  101.68, Florida Statutes, 1998 Supplement, is amended to read:

15         101.68  Canvassing of absentee ballot.--

16         (2)

17         (c)1.  The canvassing board shall, if the supervisor

18  has not already done so, compare the signature of the elector

19  on the voter's certificate with the signature of the elector

20  in the registration books to see that the elector is duly

21  registered in the county and to determine the legality of that

22  absentee ballot. An absentee ballot shall be considered

23  illegal if it does not include the signature and the last four

24  digits of the social security number of the elector, as shown

25  by the registration records, and the signature, printed name,

26  which must be legible unless the name is plainly apparent from

27  the signature, and address of an attesting witness. either:

28         a.  The subscription of a notary or officer defined in

29  Item 6.b. of the instruction sheet, or

30

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  1         b.  The signature, printed name, address, voter

  2  identification number, and county of registration of one

  3  attesting witness, who is a registered voter in the state.

  4

  5  However, an absentee ballot shall not be considered illegal if

  6  the signature of the elector or attesting witness does not

  7  cross the seal of the mailing envelope or if the person

  8  witnessing the ballot is in violation of s. 104.047(3). If the

  9  canvassing board determines that any ballot is illegal, a

10  member of the board shall, without opening the envelope, mark

11  across the face of the envelope:  "rejected as illegal."  The

12  envelope and the ballot contained therein shall be preserved

13  in the manner that official ballots voted are preserved.

14         2.  If any elector or candidate present believes that

15  an absentee ballot is illegal due to a defect apparent on the

16  voter's certificate, he or she may, at any time before the

17  ballot is removed from the envelope, file with the canvassing

18  board a protest against the canvass of that ballot, specifying

19  the precinct, the ballot, and the reason he or she believes

20  the ballot to be illegal. A challenge based upon a defect in

21  the voter's certificate may not be accepted after the ballot

22  has been removed from the mailing envelope.

23         Section 6.  Section 101.647, Florida Statutes, is

24  amended to read:

25         101.647  Return of absentee ballots.--

26         (1)  Absentee ballots must be returned to the

27  supervisor of elections by the elector, either in person or by

28  mail.

29         (2)  If the elector is unable to mail or personally

30  deliver the ballot, the elector may designate in writing a

31  person who may return the ballot for the elector; however, the

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  1  person designated may not return more than two absentee

  2  ballots per election, other than the designee's own ballot,

  3  except that additional ballots may be returned for members of

  4  the designee's immediate family.  For purposes of this

  5  section, the term "immediate family" means the designee's

  6  spouse or the parent, child, grandparent, or sibling of the

  7  designee or of the designee's spouse.  The designee must

  8  provide to the supervisor the written authorization by the

  9  elector and a picture identification of the designee and must

10  complete an affidavit. The designee shall state in the

11  affidavit that the designee is authorized to return that

12  ballot and shall indicate if the elector is a member of the

13  designee's immediate family and, if so, the relationship. The

14  designee shall also state in the affidavit that the designee

15  has not and will not return more than two absentee ballots for

16  this election, other than the designee's own ballot and

17  ballots for the designee's immediate family. The department

18  shall prescribe the form of the affidavit. If the supervisor

19  is satisfied that the designee is authorized under law to

20  return the ballot, the supervisor shall accept receipt of the

21  ballot.

22         Section 7.  Subsection (1) of section 103.101, Florida

23  Statutes, is amended to read:

24         103.101  Presidential preference primary.--

25         (1)  Each political party other than a minor political

26  party shall, on the first second Tuesday in March in each year

27  the number of which is a multiple of 4, elect one person to be

28  the candidate for nomination of such party for President of

29  the United States or select delegates to the national

30  nominating convention, as provided by party rule.

31

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  1         Section 8.  Subsections (1) and (3) of section 104.047,

  2  Florida Statutes, 1998 Supplement, are amended to read:

  3         104.047  Absentee voting.--

  4         (1)  Any person who provides or offers to provide, and

  5  any person who accepts, a pecuniary or other benefit in

  6  exchange for distributing, ordering, requesting, witnessing,

  7  collecting, delivering, or otherwise physically possessing

  8  absentee ballots, except as provided in ss. 101.6105-101.694,

  9  is guilty of a felony of the third degree, punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084.

11         (3)  Any person, other than an a notary or other

12  officer entitled to administer oaths or an absentee ballot

13  coordinator as provided by s. 101.685, who witnesses more than

14  five ballots in any single election, is guilty of a

15  misdemeanor of the first degree, punishable as provided in s.

16  775.082 or s. 775.083.

17         Section 9.  Subsection (3) of section 105.031, Florida

18  Statutes, is amended to read:

19         105.031  Qualification; filing fee; candidate's oath;

20  items required to be filed.--

21         (3)  QUALIFYING FEE.--Each candidate qualifying for

22  election to judicial office, except write-in judicial

23  candidates, shall, during the time for qualifying, pay to the

24  officer with whom he or she qualifies a qualifying fee, which

25  shall consist of a filing fee and an election assessment, or

26  qualify by the alternative method. The amount of the filing

27  fee is 3 percent of the annual salary of the office sought.

28  The amount of the election assessment is 1 percent of the

29  annual salary of the office sought.  The qualifying officer

30  shall forward all filing fees to the Department of Revenue for

31  deposit in the Elections Commission Trust Fund General Revenue

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  1  Fund.  The election assessment shall be deposited into the

  2  Elections Commission Trust Fund.  The annual salary of the

  3  office for purposes of computing the qualifying fee shall be

  4  computed by multiplying 12 times the monthly salary authorized

  5  for such office as of July 1 immediately preceding the first

  6  day of qualifying. This subsection shall not apply to

  7  candidates qualifying for retention to judicial office.

  8         Section 10.  The qualifying officer shall forward all

  9  filing fees paid by candidates for school board office, except

10  write-in candidates, to the Department of Revenue for deposit

11  into the Elections Commission Trust Fund.

12         Section 11.  Subsection (3) of section 106.011, Florida

13  Statutes, is amended to read:

14         106.011  Definitions.--As used in this chapter, the

15  following terms have the following meanings unless the context

16  clearly indicates otherwise:

17         (3)  "Contribution" means:

18         (a)  A gift, subscription, conveyance, deposit, loan,

19  payment, or distribution of money or anything of value,

20  including contributions in kind having an attributable

21  monetary value in any form, made for the purpose of

22  influencing the results of an election.

23         (b)  A transfer of funds between political committees,

24  between committees of continuous existence, or between a

25  political committee and a committee of continuous existence.

26         (c)  The payment, by any person other than a candidate

27  or political committee, of compensation for the personal

28  services of another person which are rendered to a candidate

29  or political committee without charge to the candidate or

30  committee for such services.

31

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  1         (d)  The transfer of funds by a campaign treasurer or

  2  deputy campaign treasurer between a primary depository and a

  3  separate interest-bearing account or certificate of deposit,

  4  and the term includes any interest earned on such account or

  5  certificate.

  6

  7  Notwithstanding the foregoing meanings of "contribution," the

  8  word shall not be construed to include services, including,

  9  but not limited to, legal and accounting services, provided

10  without compensation by individuals volunteering a portion or

11  all of their time on behalf of a candidate or political

12  committee.  This definition shall not be construed to include

13  editorial endorsements by any newspaper, radio or television

14  station, or other recognized news medium.

15         Section 12.  Subsection (3) of section 106.071, Florida

16  Statutes, is amended to read:

17         106.071  Independent expenditures; reports;

18  disclaimers.--

19         (3)  No person may make a contribution in excess of

20  $500 $1,000 to any other person, to be used by such other

21  person to make an independent expenditure.

22         Section 13.  Subsection (3) of section 106.15, Florida

23  Statutes, is amended to read:

24         106.15  Certain acts prohibited.--

25         (3)  No candidate shall, in the furtherance of his or

26  her candidacy for nomination or election to public office in

27  any election, use the services of any officer or employee of

28  the state, county, municipality, or special district during

29  working hours.

30         Section 14.  This act shall take effect January 1,

31  2000.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Moves the date for the presidential preference primary to
      the first Tuesday in March in each presidential election
  4    year. Provides that filing fees paid by candidates of
      minor political parties, candidates with no party
  5    affiliation, judicial candidates, and school board
      candidates shall be deposited in the Elections Commission
  6    Trust Fund. Deletes procedures for mailing voter
      registration identification cards. Modifies absentee
  7    ballot certificates that appear on the back of the
      absentee ballot envelope. Modifies the instructions to be
  8    given to absent electors and the information that must be
      included on an absentee ballot. Prescribes information
  9    that an absent elector's designee must include with an
      absentee ballot. Provides that a person who accepts a
10    pecuniary or other benefit for witnessing an absentee
      ballot is guilty of a third-degree felony. Modifies the
11    definition of "contribution" for purposes of the campaign
      finance laws. Reduces to $500 the amount of a
12    contribution to be used to make an independent
      expenditure. Prohibits candidates from using county,
13    municipality, or special district employees in their
      campaigns during working hours.
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